Brief vs. Motion

Question

What's the difference between brief & motion?

Marius Hancu · Accepted Answer

Context?

Armsys · Answer

The two are legal documents, but I don't know the difference.

Clive · Answer

Hi,

I'm sure you can find more detailed info on the net, but generally speaking a brief gives information to a lawyer and a motion is given to a judge to request some legal action.

Best wishes, Clive

Armsys · Answer

Clive,

Thanks for your help.

Armstrong

Anonymous · Answer

A brief is given to appellate judges by both sides of the dispute. Briefs do not necessarily ask for any particular legal action from the court. Instead, they are written by lawyers to educate judges on the relevant legal issues of a case. Briefs are written in a way that presents the legal issues persuasively in the hopes that the judge will interpret the law in a way favorable to your client.

A motion to the court is asking the court for a specific thing. For example, you can write a motion asking the judge to move the trial to another court, or to move the trial date because the lawyer had an emergency pop up, or to give your indigent client some money to investigate his case, or to make the opposing counsel quit being such a jerk, etc.. (Obiously rreal motions have more legalese, but you get the gist.)

Also, just to be clear, briefs have tons of meanings outside of the legal context.

Clive · Answer

2 [¹brief]
a : a concise article b : http://www.merriam-webster.com/dictionary/synopsis, http://www.merriam-webster.com/dictionary/summary c : a concise statement of a client's case made out for the instruction of counsel in a trial at law
3 : an outline of an argument; especially : a formal outline especially in law that sets forth the main contentions with supporting statements or evidence

http://www.merriam-webster.com/dictionary/brief

Brief vs. Motion

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